Judge Denies Motion to Dismiss Extreme Associates Case - GoFuckYourself.com

TampaToker · 08-07-2007, 08:35 AM

A federal judge who had previously dismissed the case against Extreme Associates, only to have the dismissal overturned on appeal, has denied a second motion to dismiss the case.

Following the reversal of U.S. District Judge Gary Lancaster?s earlier dismissal of the case, Extreme Associates? attorneys H. Louis Sirkin and Jennifer M. Kinsley filed another motion to dismiss, on the grounds that federal obscenity statutes are unconstitutional and do not apply to the Internet.

As an alternative to dismissal of the case, Sirkin and Kinsley moved for a pretrial ruling regarding how the Miller obscenity test would be applied to the case. The defense argued in their motion that the Miller test?s reliance on ?community standards? is not viable in when the material in question is distributed via the Internet.

In his latest ruling issued July 30, Lancaster denied the motion to dismiss but granted the pretrial hearing requested as an alternative to dismissal.

?The criminal obscenity statutes at issue, as well as the View the full story

Forest · 08-07-2007, 08:38 AM

ofcourse he did

he doesnt want to get smacked by the appeals court again

tony286 · 08-07-2007, 08:44 AM

it will be very interesting to see what happens.

Tom_PM · 08-07-2007, 08:51 AM

Correct me if I'm wrong, but isn't this entire case regarding someone in their own home ordering movies delivered to their own home?

What the HELL does that have to do with the community? blah

Tom_PM · 08-07-2007, 08:55 AM

It's important to remember that "community standards" came into play before VCR's were invented. When Adult book stores moved into locations that pissed off the residents, they wanted a legal tool to pry them out of the area. To even ATTEMPT to apply it to modern times is so ridiculous, and I sure hope the jury/judge can see that. I can go online and order almost anything delivered by plain brown package to my doorstep. A FAR CRY from the letter and intent of that standard. It should not apply in a common sense world.

will76 · 08-07-2007, 10:29 PM

Damn, when will this one end. It's on, it's off, it's on, etc... its being going on for what seems like several years now.

GreyWolf · 08-07-2007, 10:37 PM

Sounds like the appeal court is saying - "Hey! Deal with this!" and kinda predictable there is a refusal to dismiss.

munki · 08-07-2007, 10:45 PM

Another one to keep our eyes on...

08-07-2007, 08:35 AM	#1
TampaToker Confirmed User Join Date: May 2006 Location: Tampa Posts: 5,827	Judge Denies Motion to Dismiss Extreme Associates Case A federal judge who had previously dismissed the case against Extreme Associates, only to have the dismissal overturned on appeal, has denied a second motion to dismiss the case. Following the reversal of U.S. District Judge Gary Lancaster?s earlier dismissal of the case, Extreme Associates? attorneys H. Louis Sirkin and Jennifer M. Kinsley filed another motion to dismiss, on the grounds that federal obscenity statutes are unconstitutional and do not apply to the Internet. As an alternative to dismissal of the case, Sirkin and Kinsley moved for a pretrial ruling regarding how the Miller obscenity test would be applied to the case. The defense argued in their motion that the Miller test?s reliance on ?community standards? is not viable in when the material in question is distributed via the Internet. In his latest ruling issued July 30, Lancaster denied the motion to dismiss but granted the pretrial hearing requested as an alternative to dismissal. ?The criminal obscenity statutes at issue, as well as the View the full story __________________ Icq 247-742-205

08-07-2007, 08:51 AM	#4
Tom_PM Porn Meister Industry Role: Join Date: Feb 2005 Posts: 16,443	Correct me if I'm wrong, but isn't this entire case regarding someone in their own home ordering movies delivered to their own home? What the HELL does that have to do with the community? blah __________________ 43-922-863 Shut up and play your guitar.

08-07-2007, 08:55 AM	#5
Tom_PM Porn Meister Industry Role: Join Date: Feb 2005 Posts: 16,443	It's important to remember that "community standards" came into play before VCR's were invented. When Adult book stores moved into locations that pissed off the residents, they wanted a legal tool to pry them out of the area. To even ATTEMPT to apply it to modern times is so ridiculous, and I sure hope the jury/judge can see that. I can go online and order almost anything delivered by plain brown package to my doorstep. A FAR CRY from the letter and intent of that standard. It should not apply in a common sense world. __________________ 43-922-863 Shut up and play your guitar.

08-07-2007, 10:29 PM	#6
will76 Making $$$$ w/ ClickCash Industry Role: Join Date: May 2003 Location: USA Posts: 18,037	Damn, when will this one end. It's on, it's off, it's on, etc... its being going on for what seems like several years now. __________________ ICQ: 86364801 Email: will [at] innovativeassets [dot] com PROGRAM SHIT LIST - DO NOT PROMOTE (click link for gfy thread) FNCash \| Media Revenue

08-07-2007, 10:45 PM	#8
munki Do Fun Shit. Industry Role: Join Date: Dec 2004 Location: OC Posts: 13,393	Another one to keep our eyes on... __________________ “I have the simplest tastes. I am always satisfied with the best.” -Oscar Wilde

08-07-2007, 08:38 AM	#2
Forest Confirmed User Industry Role: Join Date: Aug 2001 Location: Hollywood Fl. Posts: 9,018	ofcourse he did he doesnt want to get smacked by the appeals court again

08-07-2007, 08:44 AM	#3
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	it will be very interesting to see what happens.

08-07-2007, 10:37 PM	#7
GreyWolf So Fucking Banned Join Date: Jun 2007 Posts: 2,036	Sounds like the appeal court is saying - "Hey! Deal with this!" and kinda predictable there is a refusal to dismiss.